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(영문) 부산지방법원 2016.10.06 2015가단214482
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 145,55,040 to the Plaintiff (Counterclaim Defendant) and its related amount from May 5, 2015 to October 6, 2016.

Reasons

1. The following facts may be found either in dispute between the parties or in Gap evidence 2 (including a serial number; hereinafter the same shall apply), Eul evidence 3 and 5, together with the purport of the whole pleadings:

On March 14, 2014, the Plaintiff entered into a contract with the Defendant for the construction of the Rotterdam (hereinafter “instant construction”) on the part of the fourth to seventh floors to be used as the Dvalescent Hospital (hereinafter “instant hospital”) among the buildings located in Ulsan-gu (hereinafter “instant building”) in Ulsan-gu (hereinafter “instant building”) with the Defendant for the payment of KRW 627,00,000 (including value-added tax; hereinafter the same shall apply), the construction period from March 17, 2014 to May 15, 2014; and the payment of KRW 125,40,000,000, out of the remainder of the payment, to receive two months after the date of change of use; and the construction of the instant construction.

B. On April 5, 2014, the Plaintiff entered into a contract with the Defendant on the terms that the additional construction work due to the rooftop extension, elevator construction, etc. of the instant building (hereinafter “new additional construction work”) was paid at 192,280,000 won for the construction period, from April 5, 2014 to May 25, 2014, and at 0.1% per day from April 5, 2014, the Plaintiff entered into a contract with the Defendant to pay the remainder of KRW 40,000,000 for the remainder of the payment to be paid after the alteration of the purpose of use.

C. On May 29, 2014, the Plaintiff and the Defendant entered into a contract with the effect that the additional construction due to the modification of the design of the 8th floor extension construction of the instant building (hereinafter “the 2nd additional construction”) was paid at KRW 71,50,000 for the price, from May 27, 2014 to June 25, 2014, and from May 27, 2014, and at KRW 36,500,000 for the remainder of the price were paid at the time of completion inspection and completion of the completion construction, and the 2nd additional construction was performed.

The Defendant shall pay the Plaintiff the price for the instant construction works, the 1st additional construction works, and the 2nd additional construction works (hereinafter “each of the instant additional construction works”), KRW 188,100,00 on March 20, 2014, KRW 90,640,00 on April 7, 2014, and KRW 120,00 on April 15, 2014.

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